Employment Regulations
Key Factors to Consider When Employing in Ivory Coast:
There are several key areas to be aware of within Ivory Coast employment regulatory framework, especially for companies that plan to initiate a full local office and human resources department. These challenges can be mitigated by use of a locally sourced payroll provider who is familiar with all of the local laws and rules for both local employees as well as foreign nationals.
Contracts
A contract of employment may be concluded for a specified or unspecified period and may contain a probationary period, the duration of which must be stated in writing.
Probation Periods
A probationary period in Ivory Coast lasts:
- 8 days for daily or hourly paid workers;
- 1 month for monthly paid workers;
- 2 months for supervisors, technicians and similar workers; or
- 3 months for engineers, managers, high-level technicians and similar workers.
It is possible to renew these periods once and each renewal must be stated in writing.
Termination Procedures
A contract of employment can terminate, at the initiative of the employee, in certain circumstances, namely:
- The expiration of a fixed-term contract;
- Mutual agreement;
- Major force.
When an employee, signed with an open-ended contract for a specified period and for the temporary replacement of a worker, has been working for at least 6 months in the company, he/she can terminate the contract unilaterally.
By law, a contract binding a probationary period, can be terminated without notice and entitlement to compensation by either of the parties. If the employer does not inform his/her employees of the renewal of such contract within the prescribed time limits, the probationary period will continue until the date originally agreed.
When supported by a valid reason, a contract of employment with indeterminate duration may be terminated at any time by the employer.
The dismissal will be considered to be of economic nature, when an employer dismisses an employee because of:
- Job dislocations and operational changes, as a consequence of a corporate restructuring;
- Economic distress, that can compromise the corporate operations and its financial equilibrium.
When deciding to terminate a contract, the employer must state his/her intentions in writing and must always notify the employee within the prescribed periods of notice. The only exception when a contract of employment of indeterminate duration can be terminated without notice is in the case of gross misconduct and its seriousness will be evaluated by the competent court.
Working days
By law, the maximum number of working days per week is 6 and there is a 37.5% premium for night work (of hourly pay), while no premium is due for work on weekly rest days. Finally, 23.8% is the premium for overtime work.
Statutory Leave
According to Articles 25.5 to 25.11 of the Ivorian Labor Code and 71 of the Ivorian Collective Convention, employee’s annual leave may be divided, with the employee’s agreement, for periods of at least 14 days.
The paid annual leave for a worker with 1 year of tenure is 26.4 working days, while for a worker with 5 years of tenure is 27.4, for a worker with 10 years of tenure is 28.4 and the paid annual leave (as average for workers with 1, 5 and 10 years of tenure) is 27.4 working days.
- Sick Leave: By law, 5 fully paid days of sick leave a year are guaranteed to all employees.
- Maternity Leave: Maternity leave must be equal or more than 98 calendar days and the wage must be fully corresponded.
Employee Entitlements
Employee Protection and Anti-discrimination Rights
The following reasons cannot be used to terminate an employment contracts:
- Sex;
- Age;
- National extraction;
- Race;
- Religion;
- Political opinion;
- Social origin;
- Membership or non-membership in a trade union;
- Participation in trade union activities.
Time Off Work
An employee is entitled to have several days off from work depending on the length of his/her work tenure and in particular:
- For 1 year of tenure: 26.4 days off/year
- For 5 year of tenure: 27.4 days off/year
- For 10 year of tenure: 28.4 days off/year
Medical Leave
Five fully paid days of sick leave are guaranteed by law.
Employment Termination
Resignation / End of Service Payment
During the probationary period, the contract may be terminated without notice and without entitlement to compensation by either of the parties.
When the employer terminate a contract of employment, he/she must pay a severance allowance to the employee if the worker has been employed continuously for a period equivalent to one year and has not been guilty of gross negligence.
The compensation will include the length of service and corresponds to a percentage of the monthly overall wages for the 12 months of service preceding the date of dismissal.
Severance / Redundancy Pay
- Severance pay for redundancy dismissal for a worker with 1 year of tenure is 1.3;
- Severance pay for redundancy dismissal for a worker with 5 years of tenure is 6.5;
- Severance pay for redundancy dismissal for a worker with 10 years of tenure is 14.1;
- Severance pay for redundancy dismissal (average for workers with 1, 5 and 10 years of tenure) is 7.3.
Termination of Employment
Pursuant to Decree No. 96-200 of 7 March 1996, for workers in the relevant occupational categories who are paid by the hour, day, week or fortnight, the period of notice is as follows:
- 8 days, for those with up to 6 months of service in the undertaking;
- 15 days, for between 6 months and 1 year of service;
- 1 month, for between 1 and 6 years of service;
- 2 months, for between 6 and 11 years of service;
- 3 months, for between 11 and 16 years of service; and
- 4 months, for over 16 years of service.
For workers who have permanent partial disabilities estimated at 40 per cent or more, the period of notice is:
- The normal notice period for those with up to six months of service in the undertaking; and
- Double the normal notice period after six months of service.
